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  1. #1
    Join Date
    Dec 2007
    Posts
    1

    Default Possibility Of Filing a Lawsuit Against A Former Partner

    This is the scenario:

    A company, lets say, “Microsoft”, specialized in a product Windows OS based in US partnered with my company Raj IT (RIT) to start a company called Microsoft Partner Pvt Ltd (MPPL). Rajesh IT holds 90% shares of MPPL. MPPL is a sole distributor and some component developer to the parent company Microsoft. RIT is 20-year-old company and worked real hard with Microsoft for many years to enter into this partnership. MPPL has put greater efforts to build a competent team and gradually established its presence in the market. Today MPPL became a leader in the market in the said technology.

    MPPL has been doing really well in the market with a strong team, long-term customers and a very good market share. One fine day, Microsoft has changed their philosophy to own the distribution network worldwide and wanted to acquire MPPL. Both Microsoft and RIT had heavy negotiations for about a year. When the price quoted did not match the expectations of Microsoft, it got non-exclusive agreement signed by RIPL (RIPL was kept under pressure to lose the complete distributorship). Microsoft then established its own unit and fished out the entire team of MPPL including the senior management, technical experts and software developers.

    Now RIT is left with nothing, as it lost its employees, it needs to lose its name MPPL (as it can not use the trade name) and all its contacts. Microsoft still has its 10% shares. They still wants the business from us, since we are the trusted vendors for many clients, so, they wanted to make us resellers with very meager margins.

    What can we do at this time?

    When an existing joint venture with MPPL is in place, can a foreign company establish another company in the same field as this amounts to conflict in interest?

    Microsoft says, all MPPL employees deliberately came to us but they forced everyone and offered fat salaries as a bait. Can’t we do anything?

    Microsoft has lot of pressure on my son (who manages one of the department) and me. I actually got mild heart attack one day and was admitted into hospital. My family is torn apart and are completed frustrated with life.

    We are afraid if we file a lawsuit, we may lose the resellers agreement and we’ll be left completely nothing. We don’t know if we have strong enough arguments to file a lawsuit? One of the corporate lawyer relentlessly said, “When you signed the non-exclusive agreement, you have just cut your legs, that’s all”

    What can we do?

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Possibility Of Filing a Lawsuit Against A Former Partner

    You're talking about bringing a lawsuit in India? You really need to consult a lawyer who practices law in India.

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